Senate Bill No. 295–Senator Neal (by request)

 

March 14, 2003

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Referred to Committee on Government Affairs

 

SUMMARY—Abolishes Dillon’s Rule concerning statutory interpretation of powers of local government. (BDR 0‑591)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to statutory construction; abolishing Dillon’s Rule concerning statutory interpretation of the powers of a local government; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. The preliminary chapter of NRS is hereby amended

1-2  by adding thereto a new section to read as follows:

1-3  1.  For the purpose of interpreting a statute relating to the

1-4  powers of a local government, a local government has such

1-5  powers as are:

1-6  (a) Granted in express words;

1-7  (b) Necessarily or fairly implied in or incident to the powers

1-8  expressly granted; or

1-9  (c) Appropriate or convenient to the accomplishment of the

1-10  declared objects and purposes of the local government,

1-11  unless otherwise limited by specific statute.

1-12      2.  The purpose of this section is to abolish Dillon’s Rule in

1-13  this state.

 

 

 

2-1  3.  This section does not authorize a local government to

2-2  impose or increase a tax unless the tax or increase is otherwise

2-3  authorized by specific statute.

 

2-4  H